741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Inland Wetland and Water Courses

Commission

Meeting Minutes - Final

Chairman

Justin DeBrodt

Regular Meeting

Tuesday, February 4, 2025

7:00 PM

Council Chambers -Hybrid Format

CALL TO ORDER

Chairman DeBrodt called the meeting to order at 7:00 p.m. in the Council Chambers, Town

Hall Annex Building.

II.

PLEDGE OF ALLEGIANCE

III.

ROLL CALL AND APPOINTMENT OF ALTERNATES

Chairman Justin DeBrodt

Present

Commissioner Dan Pealer

Vice Chair Beth E. Ribe

Commissioner Michael E. Marelli

Alternate Member James Thompson

Alternate Member Robert Graham

In addition, the following were present:

Director of Land Use & Planning, Elizabeth Burdick

Land Use Attorney, Robert Avena

Zoning & Wetland Enforcement Official, Hannah Gienau

Land Use Assistant, Anna Wynn

Chairman DeBrodt stated than Alternate member James Thompson would be seated for the

vacant seat left by former Commissioner Lynmarie Thompson.

IV.

APPROVAL OF ADDITIONS TO AND/OR CHANGES TO THE ORDER OF THE

AGENDA

None.

CITIZENS PETITIONS (NON-AGENDA ITEMS ONLY)

Bruce Garstka, 10 Pleasant View, Ledyard, asked the Commission if there are areas within a

parcel that are considered by right or non-regulated by the Wetlands Commission. Director

Burdick stated that in the Wetlands Regulations there are areas that are exempt. She

referenced the Ledyard Wetlands Regulations that describe as of right and non-regulated

activities. She stated that however, the IWWC would still need to decide if that activity is

classified as an as of right or non-regulated activity. She described the As of Right

Determination process. She stated that the current public hearing on the Wetlands regulations

do not change the exemptions.

Mr. Garstka asked if activities such as hay fields near brooks would be affected. Director

Burdick stated no and that would be going back to the As of Right Determination process.

She stated that any member of the public can come into the office and staff will assist them.

VI.

PRE APPLICATION DISCUSSION AND/OR WORKSHOP

None.

VII. PUBLIC HEARINGS/APPLICATIONS

IWWC24-10RA - Proposed Text Amendments to Inland Wetlands and Watercourses

Regulations Sections 2.1, 7.5.b, 7.6.1, 7.8, 7.9, 11.6, 19.b, & 20 - Applicant, Ledyard

Inland Wetlands & Watercourses Commission, Justin DeBrodt, Chairman, (Date of Receipt

9/3/24, PH opened 11/12/24, PH Cont. to 12/3/24, PH Cont. to 1/7/25, PH must close by

N/A, DRD N/A).

Chairman DeBrodt reopened the public hearing on application IWWC#24-10RA. Attorney

Avena of Suisman & Shapiro, 75 State Street, New London, CT, and the Commission

reviewed exhibit #8 which compares the proposed language and accepted changes.

Director Burdick commented that the copy of exhibit #8 that the Commission has is errored

and the yellow highlighted section that states “The IWWC may rule that any other activity

located within such upland review area or in any other non-wetland or non-watercourse area

is likely to impact of affect wetlands or watercourses and is a regulated activity” should be

struck through. She stated that the correct version is posted online. They continued to review

the document.

Chairman DeBrodt and Attorney Avena clarified that the wording of the accepted change for

Section 2.1 suggests that there may be other activities not explicitly listed that the Wetlands

Commission may want to review or regulate due to their impact on the wetlands. Vice Chair

Ribe commented that it might be topographically important for the applicant to come in front

of the wetlands Commission due to drainage issues even outside that 100 ft upland review

area.

Commissioner Pealer and Attorney Avena clarified that the modified language is optional

and is not strictly required and is contingent upon the individual application. Chairman

DeBrodt asked if the public wished to speak to the application while the public hearing was

still in progress. No one came forward to comment.

MOTION to close the public hearing for application IWWC#10RA

PUBLIC HEARING CLOSED

Beth E. Ribe

RESULT:

MOVER:

Dan Pealer

SECONDER:

DeBrodt, Pealer, Ribe, Marelli, and Thompson

AYE:

Graham

NON-VOTING

Discussion & Decision: IWWC24-10RA - Proposed Text Amendments to Inland Wetlands

and Watercourses Regulations Sections 2.1, 7.5.b, 7.6.1, 7.8, 7.9, 11.6, 19.b, & 20 -

Applicant, Ledyard Inland Wetlands & Watercourses Commission, Justin DeBrodt,

Chairman, (Date of Receipt 9/3/24, PH opened 11/12/24, PH Cont. to 12/3/24, PH Cont. to

1/7/25, PH must close by N/A, DRD N/A).

Chairman called for any additional discussion on application IWWC#24-10RA. Each

member responded no. Director Burdick stated that staff put together a suggested motion for

favorable approval at the end of her memo. She stated that if the Commission votes against

the application, they must explicitly state their reasons for denial.

Chairman DeBrodt asked if Ms. Burdick ever received a response from DEEP. Ms. Burdick

responded no and that she believed the department was severely understaffed but that the

application was submitted to them within legally required timelines.

Vice Chair Ribe made a MOTION to APPROVE Application IWWC #24-10RA of the

Ledyard Inland Wetlands and Watercourses Commission for proposed amendments to the

Ledyard Inland Wetlands and Watercourses Regulations, dated January 25, 2021 marked as

application Exhibit #8 in accordance with recent CT case law and State of CT DEEP Inland

Wetlands and Watercourses Model Municipal Regulations Fourth Edition May 1, 2006 with

an effective date of February 25, 2025

APPROVED AND SO DECLARED

Beth E. Ribe

RESULT:

MOVER:

Michael E. Marelli

SECONDER:

DeBrodt, Pealer, Ribe, Marelli, and Thompson

Graham

AYE:

NON-VOTING

VIII. OLD BUSINESS

None.

IX.

NEW BUSINESS

None.

APPROVAL OF THE MINUTES OF PREVIOUS MEETINGS

MOTION to approve IWWC Regular Meeting Minutes of January 7, 2025

Commissioner Pealer noted on the top of page 4 there is a typo of the number 3 instead of 2

regarding non-voting members. There were no more comments.

MOTION to approve as amended the IWWC Regular Meeting Minutes of January 7, 2025

APPROVED AS AMENDED

James Thompson

RESULT:

MOVER:

Dan Pealer

SECONDER:

AYE:

DeBrodt, Pealer, Ribe, Marelli, and Thompson

Graham

NON-VOTING

XI.

CORRESPONDENCE

None.

XII. REPORTS

Staff Report - Designated Agent/WEO

Zoning Enforcement Official, Hannah Gienau, reviewed her February Staff Report with the

Commission and described several ongoing cases. Director Burdick commented on one on

going issue with a fire pond on Long Cove Rd. The Commission asked for an update at the

next meeting.

Staff and the Commission briefly discussed upcoming training for Commissioners.

XIII. ADJOURNMENT

Commissioner Pealer moved the meeting be adjourned, seconded

by Vice Chairman Ribe

The meeting adjourned at 7:40 p.m.

VOTE: 5-0 Approved and so declared

Respectively Submitted,

_______________________________

Chairman Justin DeBrodt

Inland Wetlands & Watercourses Commission

DISCLAIMER: Although we try to be timely and accurate these are not official records of the

Town.